Mapping Natural Water Boundaries

General

Under section 6(1)(a) of the 2012 Act, the property section of the title sheet must contain a description of the plot of land by reference to the cadastral map, and a description of the nature of the proprietor's right in that plot of land. This description needs to be accurate as section 73 of the 2012 Act provides for the Keeper's warranty on the accuracy of title sheets (in other words, the Keeper provides a guarantee that registered titles and their boundaries are accurate and can be relied upon).

There are limits to what the Keeper's warranty covers, and one area that is excluded from the warranty provisions are shifting, or natural, water boundaries that have been affected by alluvion (section 73(2)(i)). In other words, the Keeper does not guarantee that a legal boundary associated with a natural water boundary will not change in the future. Despite this exclusion from the warranty provisions, it is important that water boundaries are accurately identified, and are then accurately mapped.